Smith v. Liberty Mutual Insurance Company
| Oral O. Smith |
| Liberty Mutual Insurance Company |
| 0:2020cv61495 |
| July 23, 2020 |
| US District Court for the Southern District of Florida |
| Rodney Smith |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 16, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 10
ORDER DISMISSING CASE WITHOUT PREJUDICE granting #4 Motion to Dismiss. Closing Case. Motions Terminated: #4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), filed by Liberty Mutual Insurance Company. Signed by Judge Rodney Smith on 9/16/2020. See attached document for full details. (yha)
|
| Filing 9 RESPONSE to Motion re #4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), Plaintiffs Response to Defendants Motion to Dismiss Claim Referring to Bad Faith Insurance Coverage filed by Oral O. Smith. Replies due by 9/15/2020. (Williams, Lorenzo) |
|
Filing 8
PAPERLESS ORDER REGARDING [DE 7] PLAINTIFF'S RESPONSE AND ACQUIESCENCE TO DEFENDANT'S MOTION TO DISMISS: Plaintiff's Response addresses Defendant's argument that the wrong defendant is named. However, Plaintiff failed to address the argument that Plaintiff's claim is premature. Plaintiff shall file a memorandum addressing this issue no later than September 8, 2020. Signed by Judge Rodney Smith on 9/3/2020. (lbn)
|
| Filing 7 REPLY to Response to Motion re #4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), Plaintiffs Response and Acquiescence to Defendants Motion to Dismiss filed by Oral O. Smith. (Williams, Lorenzo) |
|
Filing 6
PAPERLESS ORDER: Defendant filed a Motion to Dismiss Plaintiff's Complaint [DE 4] on July 23, 2020. Plaintiff's response was due on August 6, 2020. Plaintiff failed to respond. It is ORDERED that no later September 3, 2020, Plaintiff shall file a response. Failure to do so may be deemed sufficient cause for granting the Motion by default. Signed by Judge Rodney Smith on 8/31/2020. (lbn)
|
|
Filing 5
PAPERLESS ORDER GRANTING #3 DEFENDANT LIBERTY MUTUAL INSURANCE COMPANY'S UNOPPOSED MOTION TO VACATE DEFAULT: "The court may set aside an entry of default for good cause." Fed. R. Civ. P. 55(c). There is a strong policy of determining cases on their merits and courts therefore view defaults with disfavor. In re Worldwide Web Sys., Inc., 328 F.3d 1291, 1295 (11th Cir. 2003). In the Unopposed Motion, Defendant explains that the state court Clerk's Default was entered in error. Upon consideration of relevant factors, the Court finds that good cause exists to vacate the default. Therefore, the Motion is GRANTED. Signed by Judge Rodney Smith on 7/28/2020. (lbn)
|
| Filing 4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), by Liberty Mutual Insurance Company. Responses due by 8/6/2020 (Guzzi, Gary) |
| Filing 3 Unopposed MOTION to Vacate Default by Liberty Mutual Insurance Company. Responses due by 8/6/2020 (Attachments: #1 Exhibit A)(Guzzi, Gary) |
| Filing 2 Judge Assignment to Judge Rodney Smith (yha) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number AFLSDC-13230691, filed by Liberty Mutual Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Complaint, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Guzzi, Gary) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Smith v. Liberty Mutual Insurance Company | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Oral O. Smith | |
| Represented By: | Stephen Asher Ostrow |
| Represented By: | Lorenzo Williams |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Liberty Mutual Insurance Company | |
| Represented By: | Gideon Reitblat |
| Represented By: | Gary John Guzzi |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
